Course content

“EU Litigation Practice - extended version” is a BA course which
is designed to enhance the students’ knowledge of the application
of EU law by the Court of Justice of the European Union (CJEU) and
the Danish courts in practice. It has previously been offered as a
7.5 ECTS course in Danish – and will continuously be offered in
Danish by now as a 10 ECTS course. However, the intention is with
the present course to offer a course in English, but as this is
considered as a new course, it will have to be a 15 ECTS course. It
has been informed that the curriculum shall accordingly encompass
750 pages. The course focuses on the process and the handling of EU
Law cases. It is thus the more practical side of EU law, which
constitutes its core area. However, also more theoretical aspects
will also be included (in particular European legal method and
theory). The course’s more practical and problem-oriented approach
also implies that the students in connection with cases, etc., will
be confronted with different substantive EU law issues, for example
the rules on free movement, competition law, state aid law, etc.
The course thus will primarily deal with the process before the
CJEU, including e.g. references for preliminary rulings. However,
an understanding of how best to apply EU law in practice requires a
broader understanding of the CJEU and how it is related to the
other fundamental institutions of the EU. In addition, the course
will include a national perspective, in particular the requirements
of EU law to national procedural law, as well as the possibility of
Member States to influence the law through government interventions
before the CJEU. The intention is to have a high degree of student
involvement including e.g. presentations of judgements and/or
discussion of constructed cases.

Learning outcome

Students must obtain the following knowledge:
• Deeper understanding of the legal method's characteristics in
relation to the course's core legal subjects and issues.
• Deeper understanding of the sources of law that are particularly
relevant to the course's central legal subjects and issues, and
what characterises them, including the value of the legal source in
question and its interpretation.
• Deeper understanding of the relevant provisions of the Treaties,
in particular those of relevance to the process at the CJEU, its
importance in relation to the other institutions, as well as those
substantive provisions that have been treated in the course.
• Deeper understanding of EU legal theory and method. The students
must acquire the following skills:
• Use of the legal method in relation to the course's central
legal subjects and issues.
• Use of the sources of law that are particularly relevant to the
course's central legal subjects and problems, and what
characterizes them, including the value of the legal source in
question and its interpretation.
• Application of the relevant provisions of the Treaties in
particular those of relevance to the process at the CJEU, its
importance in relation to the other institutions, as well as those
substantive provisions that have been treated in the course.
• Use of elements of topics addressed in previous courses,
including in particular those of elements from the course
“Individets grundlææggende rettigheder” (i.e. “The individual's
fundamental rights”); “Institutionel forfatningsret og
EU-forfatningsret (i.e. “Institutional constitutional law and EU
constitutional law”), and “EU-ret” (i.e. “EU law”).
• Expression of their knowledge and argumentation in a
linguistically correct, structured and coherent way. The students
must acquire the following competences:
• Based on the knowledge and skills, identification and critical
examination of those issues of relevance to the course (e.g.
solving a constructed case) on the basis of the relevant sources of
law with a clear and concise argumentation for how and why these
must be used in the given problem, and an explicitly formulated
reasoned choice in cases where multiple solutions exist.
• Based on the knowledge and skills, explaining, analysing and
assessing the CJEU's style of interpretation and the importance
of its judgments to those issues which the students are presented
for.
• Based on the knowledge and skills, planning of handling of EU law
issues and identification of solutions within a given time frame.
• Identification of own learning needs and organisation/structuring
of own learning.
• Work individually as well as engaging in collective contexts.

Studyboard

Law

Duration

1 semester

Schedulegroup

Please see timetable for teaching time

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Teaching and learning methods

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Language

English

Literature

The syllabus encompasses approximately 750 pages. A large part
of the literature to be read consists of Paul Craig & Gráinne
de Búrca, EU Law: Text, Cases and Materials, 5. udgave, OUP, 2011.
All literature will be in English. A fairly large part will include
judgements and articles.